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Home My WebLink About1998-231ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND DIETER SCHWARZ BY NR & RJ PROPERTIES L P HIS ATTORNEY IN FACT TO REIMBURSE OWNER FOR THE COSTS OF BUILDING WATER MAIN THROUGH PRORATA CHARGES PAID TO THE CITY, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton requires that the development named Lakeview Ranch (as shown in Exhibit I, attached hereto and incorporated herein by reference) located in the City of Denton, Texas or its extraterritorial Jurisdiction and is required to provide such property with adequate water service by designing, construction and installing a water main, and WHEREAS THE City of Denton may reimburse the developer for the costs of the water main install by developer based upon prorata charges paid to the City by persons connecting to the water main pursuant to Code of Ordinances of the City of Denton, Texas §34-118 (b)(3), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the City Manager is authorized to execute an agreement with Dieter Schwarz by NR & RJ Properties L P his attorney in fact to allow for the prorata reimbursement for the construction and installation of nine thousand fifty three (9053) linear feet of 16 inch and 12 inch off site water main, substantially in the form of the attached Agreement, which is made a part of this ordinance for all purposes, subject to Dieter Schwarz by NR & RJ properties L P his attorney in fact entering into a Development Contract with the City, in accordance with chapter 34 of the Code of Ordinances of the City of Denton SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 1998 JA LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APMOVED L TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY F \shared\dopt\LGL\Our Documents\Ordmances\98\Water Main Prorate Ordinance doe WATER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND DIETER SCHWARZ (OWNER) C/O NR & RJ Properties, L. P. AGENT WHEREAS, Dieter Schwarz (owner/developer) C/O NR & RJ Properties, L P Agent, whose business address is P 0 Box 941, Greensburg, Pennsylvania 15601, with a copy to Terra/Bain, Inc, wishes to develop and improve certain real property named Lakeview Ranch (as shown in Exhibit I, attached hereto and incorporated herein by reference) located in the City of Denton, Texas or its extraterritorial jurisdiction, and is required to provide such property with adequate water service by designing, construction and installing a water main, and WHEREAS, the City of Denton (City) a municipal corporation located at 215 East McKinney, Denton, Texas 76201, in accordance with its ordinances may reimburse Owner for the costs of the water main installed by Owner based upon prorata charges paid to the City by persons connecting to the water main, NOW, THEREFORE, in consideration of their mutual promises, Owner and City agree as follows 1 Owner shall design, install and construct, sixteen inch (16") and twelve inch (12") off -site water mains and all necessary appurtenances thereto, extending a total distance of approximately nine thousand fifty three feet (9,053) (the "facilities"), located as shown on Exhibit II, attached hereto and incorporated herein by reference This off -site water main shall be subject to prorata reimbursement in accordance with this Agreement 2 Prior to beginning construction of the facilities, Owner shall obtain, at Owner's sole cost and expense, all necessary permits, licenses and easements If easements are needed, the deeds therefor obtained by Owner shall be reviewed and approved as to form and substance by City prior to the beginning of construction If Owner is unable to acquire needed easements, Owner shall provide City with any requested documentation of efforts to obtain such easements, including evidence of negotiations and reasonable offers made to the affected property owners Any easements for the facilities obtained by the Owner shall be assigned to City, if not taken in City's name, prior to acceptance of the facilities, and Owner warrants clear title to such easements and will defend City against any adverse claim made against such title 3 The estimated cost of the design, construction and installation of the facilities subject to prorata reimbursement is two hundred two thousand five hundred forty dollars ($202,540 00) or Twenty two dollars and thirty seven cents ($22 37) per linear foot for the nine thousand fifty three linear feet (9,053) of off -site facilities 4 Within thirty (30) days of the acceptance of the facilities by the City, Owner shall submit to the City's Executive Director of Utilities the actual cost of the facilities To determine the actual cost of the facilities, City shall have the right to inspect any and all records of Owner, his agents, employees, contractors or subcontractors and shall have the right to require Owner to submit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the facilities The Executive Director of Utilities shall review and verify the actual cost of the facilities and certify the allowable reimbursable cost and the date the facilities were accepted, which certificate shall be attached hereto and be incorporated herein by reference 5 After title to the facilities have vested in the City, the City shall collect a prorata charge from any person connecting to the off -site facilities in accordance with the provisions of the Code of Ordinances of the City Within thirty (30) days of the receipt of prorata charges the City shall transfer such amount collected to owner 6 The City shall transfer to Owner prorata charges collected for a period of time of twenty (20) years from the date facilities are accepted by City, as specified herein, but shall not transfer or reimburse to the Owner an amount of funds in excess of the certified cost of the facilities 7 The parties hereto recognize that the facilities subject to this Agreement are necessary to provide water service to the Owner's property Should the City decide that it wishes to participate in the cost of funding a water main that would provide greater water capacity than the facilities Owner is required to install The City and Owner will enter into a separate water Main Participation Agreement to provide for the sharing of cost of such oversized main If such Agreement is entered into, the actual oversized water to be constructed shall be governed by such Agreement, but the prorate charges to be collected and transferred to Owner shall be based on the terms of this Agreement, as though the facilities subject to this Agreement were installed 8 The prorata charges to be collected by the City and transferred to Owner in accordance with the ordinances of the City and this Agreement are intended to reimburse the Owner for the Owner's cost of the facilities by requiring persons connecting who benefit thereby to participate in the cost of the facilities This Agreement shall not be considered to impose any obligation or liability upon the City to pay for the facilities from its general revenues, bond funds or any other revenues it may receive, except for those prorata funds received from persons connecting to such facilities 9 Should any court of competent jurisdiction determine that all or part of the City's ordinance on which the prorata charges to be paid to owner under this Agreement are based are found to be unlawful or invalid, the City may cease to charge or collect the prorata charges for connection to the facilities and will have no further obligation hereunder 10 All notices, payments or communications to be given or made pursuant to this Agreement by the parties hereto, shall be sent to Owner at the business address given above and to the Executive Director of Utilities for the City at the address given above 11 The Owner shall indemnify and hold the City harmless from any and all claims, damages, loss or liability of any kind whatsoever, by reason of injury to property or person occasioned by any act or omission, neglect or wrongdoing of Owner, its officers, agents, employees, invitees, contractors or other persons with regard to the performance of this Agreement, and Owner will, at its own cost and expense, defend and protect the City against any LAKEVIEW RANCH (TERRABAIN, INC) PRORATA AGREEMENT PAGE 2 and all such claims and demands 12 This instrument embodies the whole Agreement of the parties hereto and there are no promises, terms, conditions or obligations other than those contained herein This Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto 13 Owner shall not assign this Agreement without the express written consent of City 14 Any and all suits for any breach of this Agreement, or any other suit pertaining to or ansing out of this Agreement, shall be brought and maintained in the court of competent jurisdiction in Denton County, Texas 15 This Agreement shall be effective for a period of twenty (20) years from the date facilities are accepted by City or until Owner has been paid all allowable reimbursable prorata charges for the facilities, whichever occurs first, provided, however, should Owner fail to begin substantial construction of the facilities within one year from the date of execution of this Agreement, this Agreement shall terminate Executed this the day of 11998 CITY OF DENTON, TEXAS BY� CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERB PROUTY, CITY ATTORNEY BY � / �` LAKEVIEW RANCH (TERRA/RAIN, INC) PRORATA AGREEMENT PAGE 3 OWNER — Dieter Schwarz by NR & RJ Properties, L P his attorney in fact by NR & RJ Properties G P, Inc General Partner n ..Pwkdent ACKNOWLEDGE Terra/Bain, Inc ATTEST m F \shared\dept\LGL\Our Documents\Contracts\98\prorate agreement Lakeview doe LAKEVIEW RANCH (TERRABAIN, INC) PRORATA AGREEMENT PAGE 4 1!0#0 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